Custody Mediation vs. Litigation in Kentucky: What Parents Need to Know

Child custody is one of the most difficult and consequential issues that people face when they separate or divorce. They may resolve the issue through mediation, a collaborative process, or by litigation, or by handing the issue to a family court judge.

An experienced family law attorney can help both parties understand the process in terms of cost, timeline, and privacy. That information is critical to choosing the approach that best serves their children’s well-being, despite the sometimes stressful process of settling custody issues.

Understanding Kentucky’s Presumption of Joint Custody

Custody proceedings in Kentucky presume that equally shared parenting and joint custody are in the child’s best interest. If one party is unsuited to having custody, that must be proven through a preponderance of evidence in court.

How Does Custody Mediation Work?

Mediation is a confidential process through which people work toward a resolution with the help of a specially trained neutral third party. The mediator guides conversations, clarifying issues, and helping both sides find common ground. Mediators in Kentucky must meet minimum training and experience requirements set by the state, including special training on family law that includes domestic violence.

Kentucky courts strongly prefer mediation to litigation (court intervention) for resolving child custody issues. Note that child custody mediation agreements are not automatically legally binding. It must be reviewed and approved by a judge before it becomes an enforceable court order.

Mediation May Be Required

Some Kentucky county courts may require mediation before a case can go to trial. Mediation can also be required if parents seek court intervention to enforce child custody orders. To aid in the process, a parenting coordinator may be assigned by the court to help resolve family conflicts. These people are experienced lawyers, psychologists, or social workers with special training.  

If circumstances require it, or if domestic violence is an issue, courts can waive the mediation requirement.

Mediation Costs and Time Investments

Mediation is a less expensive and faster process than litigating child custody through court appearances. Reaching an agreement through mediation can cost up to $3,000, compared to $10,000 or more for courtroom litigation. More than 50 percent of Kentucky families use mediation to solve family cases.

Family court judges may direct one party to pay the full mediation fee if there is significant difference in income between the parties. Others split the $200 to $500 per session costs. Even when mediation doesn’t settle all outstanding issues, partial agreements on some topics can reduce the time and costs of courtroom litigation.

Timelines for resolving child custody issues are longer for court litigation than for mediation. When litigating, 45 days are allowed for ex-partners to disclose finances, then the discovery and trial settings process can extend cases to between nine and 14 months. Mediation is simpler, requiring coordinating the schedules of fewer parties involved.

Unresolved Issues Trigger Lengthy Litigation

If mediation fails or is not possible due to past domestic violence, child custody issues go to a full evidentiary hearing in family court. The court determines all aspects of custody, including parenting time, physical custody, and support payments. The standard applied is the best interests of the child, and the court takes into account the child’s wishes (when appropriate), relationships with parents and siblings, adjustment to home and school, and the mental and physical health of all involved.

High-conflict custody disputes can involve an evaluation in which a licensed mental health professional interviews both parents, reviews records, and makes custody recommendations to the court. This process can take 60 to 120 days, costing up to $7,500.  

Understanding the Parent’s Role

An experienced attorney from Howell Law Firm can help parents involved in custody disputes understand their options and make the best choices for the wellbeing of the children involved. When litigation is necessary, attorneys at Webster can represent your interests before the court. Call for a consultation today.